Agenda packet — Vallejo City Council, April 1, 2024

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
Press *9 to digitally raise your hand from the phone
For additional instructions on how to speak during public comment, please visit, www.cityofvallejo.net/publiccomment

CALL AND NOTICE OF

SPECIAL MEETING
AT 6:00 PM

OF THE VALLEJO CITY COUNCIL
APRIL 1, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

SECONDED REVISED AGENDA
Agenda has been revised to add a closed session prior to the adjournment of the special meeting and to correct the location where Councilmember Matulac participating remotely

COUNCILMEMBER MATULAC WILL BE PARTICIPATING VIRTUALLY
Executive Board Room, 1st Floor of Delta Hotels by Marriott Chicago Willowbrook 7800 Kingery Highway, Willowbrook, IL 60527

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.

PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:

There are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Vallejo City Council Chambers ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:

You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below.

NOTICE: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting.

1. CALL TO ORDER

2. ROLL CALL

3. ACTION CALENDAR
A. ADOPT A RESOLUTION APPROVING PROJECT PLANS AND

SPECIFICATIONS FOR THE LAKE DALWIGK PARK IMPROVEMENTS
PROJECT (PROJECT NO. PW9443) AFTER FINDING THE PROJECT

EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15301(c),

APPROVING AND AWARDING A CONSTRUCTION CONTRACT TO
GRADETECH INC. IN THE AMOUNT OF $3,152,882.41, INCLUDING A 5% CONTINGENCY OF $158,000, FOR A TOTAL CONTRACT AMOUNT OF $3,310,882.41, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving project Plans and Specifications for the Lake Dalwigk Park Improvements Project (Project No.

PW9443) after finding the project exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15301(c), approving and awarding a construction contract to GradeTech Inc. in the amount of $3,152,882.41, including a 5% contingency of $158,000, for a total contract amount of $3,310,882.41, and authorizing the City Manager to execute same.

Contact: Melissa Tigbao P.E., Public Works Director, (707) 648-4433 [email protected]
B. ADOPT A RESOLUTION APPROVING A PROJECT LABOR AGREEMENT

WITH THE NAPA-SOLANO TRADES COUNCIL AND ITS AFFILIATED

UNIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Recommendation: Adopt a Resolution approving a Project Labor Agreement with the Napa Solano Building and Construction Trades Council and its affiliated local Unions and authorizing the City Manager to execute same..

Contact: Terrance Davis, Assistant City Manager (707-648-4301) [email protected]

4. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code section 54956.9(d)(1): People v. City of Vallejo, et al. Solano County Superior Court, Case No. CU23-04676.

5. REPORT OUT OF CLOSED SESSION

6. ADJOURNMENT

Dated: Friday, March 29, 2024

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk, do herby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 8:30 a.m., Friday, March 29, 2024.

Dated: Friday, March 29, 2024

Dawn G. Abrahamson, City Clerk

ACTION ITEM 3.A.

DATE: April 1, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao P.E., Public Works Director, (707) 648-4433 Mark Helmbrecht, Transportation Program Superintendent, (707) 645-2601 SUBJECT: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PROJECT NO. PW9443)

AFTER FINDING THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW

PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15301(c), APPROVING AND AWARDING A CONSTRUCTION CONTRACT TO GRADETECH INC. IN THE AMOUNT OF $3,152,882.41, INCLUDING A 5% CONTINGENCY OF $158,000, FOR A TOTAL CONTRACT AMOUNT OF $3,310,882.41,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving project Plans and Specifications for the Lake Dalwigk Park Improvements Project (Project No. PW9443) after finding the project exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15301(c), approving and awarding a construction contract to GradeTech Inc. in the amount of $3,152,882.41, including a 5% contingency of $158,000, for a total contract amount of $3,310,882.41, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Public Works advertised a Request for Bids to construct the Lake Dalwigk Park Improvements Project. Staff determined that GradeTech, Inc., of Livermore, California, is the lowest responsive and responsible bidder, and recommends awarding a construction contract in the amount of $3,152,882.41 and a 5% construction contingency of $158,000.00 for a total contract amount of $3,310,882.41 to said bidder.

BACKGROUND AND DISCUSSION
In August 2012, the State of California Department of Transporation issued a Call for Projects calling on local communities to submit applications for projects that will clean and beautify local streets, tribal lands, parks, and transit centers throughout California. The new grants were part of Governor Gavin Newsom’s Clean California initiative, a sweeping $1.1 billion, multiyear clean-up effort led by Caltrans to remove trash, create thousands of jobs and engage communities to transform public spaces.

On February 1, 2022, the City submitted its application to Caltrans.

On March 9, 2022, Caltrans awarded the City $4,767,980.00 for the Lake Dalwigk Park Improvements Project with no required local matching funds.

On September 13, 2022, the City Council passed a resolution to accept the award of the Clean California Grant and authorized the City Manager to execute the Restricted Grant Agreement (RGA) with Caltrans.

In January 2023, the City executed interagency agreements with the Greater Vallejo Recreation District (GVRD) and Vallejo Flood and Wastewater District (VFWD) to formalize roles and responsibilities related to its partnership to deliver the Lake Dalwigk Park Improvements Project.

Date: April 1, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PROJECT NO. PW9443)

AFTER FINDING THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

On March 6, 2023, the City executed the RGA with Caltrans.

On March 7, 2023, Public Works issued a Request for Proposals (RFP) for professional services. The RFP solicited civil engineering design and construction management / inspection services. The City received one proposal by the April 4, 2023 deadline from Interwest Consulting Group, Inc. (Interwest). Their proposal demonstrated that they had the resources and expertise to provide the required services by qualified staff and to facilitate completion of construction of the project by the grant deadline of June 30, 2024. Their proposal offered to complete the services for $975,601.75. On May 9, 2023, the City Council awarded a contract to Interwest for design and construction management / inspection services and on May 30, 2023, Public Works executed a Design Professional Services Agreement with Interwest to start the project.

Interwest gathered community input and worked with City Staff and its partner agencies, GVRD and VFWD, to design and engineer the improvement project within the available budget and in compliance with the grant requirements. The Plans and Specifications, prepared and completed under the direction of the City Engineer, were advertised beginning February 8, 2024 on Planet Bids for four weeks and twice in the Vallejo Times Herald in compliance with City of Vallejo Municipal Code 3.20.160 and Public Contract Code Section 20164.

The Plans and Specifications are available for viewing via hyperlinks provided in Attachment 2.

The City, in partnership with GVRD and VFWD, have proposed the following improvements at Lake Dalwigk Park:
• Accessible, lighted, and paved pathways across the park connecting to the Curtola Parkway Park & Ride and the Soltrans Transit Center.
• Park bathroom restoration.
• Landscaping and irrigation.
• Traffic-calming and pedestrian safety enhancements on 5th and Lemon Streets. • Trash receptacles.
• Playground repairs.
• Installing improved trash capture devices in the drainage to the lake. • Implementing art and interpretive programming.
• Trash and graffiti clean-up.

Additive alternate bidding is a technique used by public agencies to achieve the maximum project scope within an available budget. Under this procedure, the agency defines its critical project scope as the “base bid” and defines additional scope as “alternate(s).” The agency further determines the basis for determining the lowest bidder. For example, it may choose to select the lowest bidder based on the lowest base bid or lowest base bid plus one or more alternates or one of other ways, as provided for in Public Contract Code Section 20103.8.

Nine (9) additive alternate bids were selected for work:
• Alternate Bid No. 1 – AC Pavement Reconstruction
Date: April 1, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PROJECT NO. PW9443)

AFTER FINDING THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

• Alternate Bid No. 2 – AC Grind & Overlay
• Alternate Bid No. 3. – Slurry Seal
• Alternate Bid No. 4. – Basketball Court Resurfacing
• Alternate Bid No. 5. – Basketball Equipment
• Alternate Bid No. 6. – Shade Structure (w/ Pad)
• Alternate Bid No. 7. – Additional Trash Receptacles (w/ Pad) • Alternate Bid No. 8. – Picnic Tables
• Alternate Bid No. 9. – Playground Poured-in-Place

For this project, staff determined the selection of the low bidder would be based on the total of the base bid.

On March 13, 2024, three (3) sealed bids were received, opened, and publicly read by the Deputy City Clerk.

The bids, in order from lowest to highest, are shown in Attachment 3. Staff determined that GradeTech, Inc., is the lowest responsive and responsible bidder pursuant to Public Contract Code Section 20162. Staff recommends awarding a construction contract in the total amount of $3,310,882.41, which includes the total base bid of $3,152,882.41 and a 5% construction contingency of $158,000.00 to said bidder.

Currently, there is insufficient project funding to cover any of the additive alternate bid items.

FISCAL IMPACT
This project is funded by the Clean CA grant obtained by the City from Caltrans. Council approved the project, including the $4,767,980 grant, in the City's Fiscal Year 2022-23 budget on June 14, 2022, via Resolution No. 22-100. The funding / budget for PW9443: Lake Dalwigk Improvement Project is listed below.

SOURCES BUDGET EXPENDITURES
Fund 221: Grants / Reimbursements
- PW9443
Lake Dalwigk Improvements
Project
$4,767,980

Pre-Construction (Engineering
Specs & Plans / Design) and
Construction Management Services
- includes current encumbered
amounts
($975,602)
Construction Contract ($3,152,882)
Construction Contingency (5%) ($158,000)
All other project components
(Bathroom, Art, Non-infrastructure
items, misc.)
($481,496)

Date: April 1, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PROJECT NO. PW9443)

AFTER FINDING THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 4 ends

TOTALS $4,767,980 ($4,767,980)

ENVIRONMENTAL REVIEW
The Project scope of work consists of minor alterations to an existing public facility and does not expand existing uses. Accordingly, the Project is categorically exempt from the requirement for preparation of an environmental document as provided for in Section 15301(c) of the California Environmental Quality Act.

ATTACHMENTS

1. Resolution Award Contract GradeTech Inc._CAO Stamp

2. Attachment 1 - Construction Contract - PW9443_CAO Stamp

3. Attachment 2 - Plans and Specs links

4. Attachment 3 - Bid Summary

5. Attachment 4 - Lake Dalwigk Location Map

CONTACT
Melissa Tigbao P.E., Public Works Director, (707) 648-4433 [email protected]

RESOLUTION NO. 24-_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING

PROJECT PLANS AND SPECIFICATIONS FOR THE LAKE DALWIGK
IMPROVEMENTS PROJECT (PROJECT NO. PW9443) AFTER FINDING THE

PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15301(c), APPROVING AND AWARDING A CONSTRUCTION CONTRACT TO GRADETECH INC. IN THE AMOUNT OF $3,152,882.41, INCLUDING A 5% CONTINGENCY OF $158,000, FOR A TOTAL CONTRACT AMOUNT OF $3,310,882.41, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, in August 2012, the State of California Department of Transportation issued a Call for Projects calling on local communities to submit applications for projects that will clean and beautify local streets, tribal lands, parks, and transit centers throughout California; and WHEREAS, on February 1, 2022, the City submitted its grant application to Caltrans; and WHEREAS, on March 9, 2022, the City of Vallejo (“City”) was awarded $4,767,980 in state funding through the Clean California Grant Program with no required local matching funds; and
WHEREAS, on September 13, 2022, the City Council passed a resolution to accept the award of the Clean California Grant and authorized the City Manager to execute the Restricted Grant Agreement (RGA) with Caltrans; and
WHEREAS, in January 2023, the City executed interagency agreements with Greater Vallejo Recreation District (GVRD) and Vallejo Flood and Wastewater District (VFWD) to formalize roles and responsibilities related to its partnership to deliver the Lake Dalwigk Park Improvements Project; and
WHEREAS, on March 7, 2023, Public Works – Engineering issued a Request for Proposals (RFP) for professional services to design and prepare the Plans and Specification and manage the construction of the Lake Dalwigk Park Improvements Project; and WHEREAS, those certain Plans and Specifications for the Lake Dalwigk Park Improvements Project (PW9443) (Project), prepared by Interwest Consulting Group, Inc. under the direction of the City Engineer of the City of Vallejo (“Plans and Specifications”), located in the City of Vallejo, County of Solano, California, have been presented to the City Council; and WHEREAS, said Plans and Specifications may be viewed by clicking on these Plans and Specifications links respectively; and

WHEREAS, said Plans and Specifications were advertised continuously on Planet Bids for four weeks and twice in the Vallejo Times Herald beginning on March 8, 2024, in compliance with Municipal Code Section 3.20.160 and Public Contract Code Section 20164; and WHEREAS, the City advertised for one base bid and nine additive alternate bids, which would be exercised based upon available budget; and
WHEREAS, on March 13, 2024, three sealed bids were received, opened, and publicly read by the Deputy City Clerk; and
WHEREAS, staff determined the selection of the low bidder would be based on the total of the base bid; and
WHEREAS, no additive alternate bids were selected for work at the project site; and WHEREAS, staff determined that GradeTech, Inc. is the lowest responsive and responsible bidder with a bid in the amount of $3,152,882.41 and recommends awarding a construction contract in the amount of $3,310,882.41, which includes a 5% construction contingency, to said bidder; and
WHEREAS, there is adequate funding to award the Contract, including construction contingency for a total budgeted amount of $3,310,882.41; and WHEREAS, the proposed project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) – Existing Facilities, as the project involves a minor alteration to an existing public facility and does not expand existing uses.

NOW, THEREFORE, BE IT RESOLVED that the City Council, having reviewed the Plans and Specifications for the Lake Dalwigk Improvements Project (Project), hereby approves and adopts said Plans and Specifications for the Project; and BE IT FURTHER RESOLVED that an invitation for bids for the Project was duly advertised.

BE IT FURTHER RESOLVED that GradeTech, Inc. of Livermore, California is determined to be the lowest responsive and responsible bidder, with a bid amount of $3,152,882.41, and is hereby awarded a contract in the amount of $3,310,882.41, which includes a 5% construction contingency, for the total base bid and no additive alternate bids.

BE IT FURTHER RESOLVED that all other bids to-wit:

Saboo, Inc. $ 5,473,394.60
Kerex Engineering, Inc. $ 3,710,424.00
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Construction Contract between the City of Vallejo and GradeTech, Inc., with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Contract.

BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized to execute future contract change orders not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a special meeting held on April 1, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ROBERT H. McCONNELL, MAYOR
ATTEST
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
CO
NTRACT
FOR

LAKE DALWIGK PARK IMPROVEMENTS PROJECT
PROJECT NO. PW9443
T
HIS CONTRACT (“Contract”) made and entered into this 26th day of March 2024, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and GradeTech, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and
W
HEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and W
HEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and
W
HEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award a contract, therefore.

NOW
, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
Th
e work to be done, in general terms, consists of:

Fu
rnishing all labor, materials, tax, equipment, incidentals and services for the construction

and completion of the CITY OF VALLEJO LAKE DALWIGK PARK IMPROVEMENTS PROJECT. The work includes but is not limited to:
• Developing and implementing a water pollution program; • implementing temporary traffic control for street closures and detours; • surveying and staking for proposed grades;
• removing and replacing sections of trail sidewalk and other concrete features; • roadway improvements including resurfacing, traffic circles and safe crosswalks, and traffic calming devices;
• bathroom installation in coordination with the manufacturer Romtec; • landscaping removal and replacement, including irrigation system work, and slope repairs (excavation, grading, compaction);
• playground improvements;
• installation of artwork;
• culvert repairs;
• ADA compliance work; and
• installation of stormwater trash capture device(s), signage, lighting, various utility work, and installation of other identified park improvements (e.g. drinking fountains, trash receptacles, picnic tables, benches, interpretive panels, dog waste stations, etc.).

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the plans and specified herein and as provided for and set forth in said plans, specifications, and any addenda issued prior to the date of bid, which said plans and specifications are hereby referred to by such reference, incorporated herein and as indicated in the base bid, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract:
(i) Exhibit A - Bid Proposal submitted on March 13, 2024 (Base Bid only); (ii) Exhibit B – Insurance Requirements;
(iii) Exhibit C – Faithful Performance Bond;
(iv) Exhibit D – Payment (Labor and Materials) Bond;
(v) Exhibit E – Restricted Grant Agreement (Clean California Grant); (b) Conformed Plans, prepared by Interwest Consulting Group and entitled Cons truction Plan Set for Lake Dalwigk Park Improvements Project, signed and stamped by the City Engineer on February 13, 2024, and as amended by Addendum No. 1; (c) Conformed Specifications signed and stamped by the City Engineer on February 13, 2024, and as amended by Addendum Nos. 1, 2, and 3;
(d) Approved Contract Change Orders, if any;
(e) Standard Specifications of the State of California, Department of Transportation, 2023 Edition, Sections 10 through 95, all as modified herein; (f) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
(g) Vallejo Flood & Wastewater District Engineering Design Standards, dated July 2020, and Engineering Standard Details, dated July 2020;
(h) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (h) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

Contractor agrees to receive and accept the prices set forth in the proposal in an amount not to exceed THREE MILLION ONE HUNDRED FIFTY-TWO THOUSAND EIGHT HUNDRED AND EIGHTY-TWO DOLLARS AND FORTY-ONE CENTS as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

By my s
ignature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The Contractor shall forfeit, as penalty to the City, One H undred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

[SIGNATURES ARE ON THE FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

GRADETECH INC.,
a California corporation

By:

Michelle Wright

DATE:

CITY OF VALLEJO,
a municipal corporation

By:

Mike Malone
City M anager

DATE:

ATTEST:

(City Seal)
Dawn G. Abrahamson
City Clerk

APPROVED AS TO CONTENT:

Melissa Tigbao, PE,
Public Works Director

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

Armando Sarkis
Risk Manager

EXHIBIT A

BID PROPOSAL

EXHIBIT B

INSURANCE REQUIREMENTS

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear.

5. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Vallejo.

4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

5. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor

must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’

Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Payment Withhold
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.

EXHIBIT C

FAITHFUL PERFORMANCE BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we,

, as Principal, and

, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of DOLLARS ($ ), and no more, for the
work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided.

THAT WHEREAS, the Principal has entered into a contract with said City for the construction of:

CITY OF VALLEJO LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PW9443)

NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.

The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California.

IN WITNESS WHEREOF, the above bounded parties have executed this Instrument

under their sev eral seals this day of , 2024. The
name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PRI

NCIPAL SURETY

SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )

NOTE: (1) Signatures of those executing for the Surety must be properly

(2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT D

PAYMENT (LABOR AND MATERIALS) BOND

MJSYTUMYCITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

PAYMENT (LABOR AND MATERIALS) BOND

KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:

CITY OF VALLEJO LAKE DALWIGK PARK IMPROVEMENTS PROJECT (PW9443)

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about
the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We,

as Principal and ,

as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of

DOLLARS ($ ), and no more,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, as herein provided.

The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor,

shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.

IN W ITNESS WHEREOF, the above bounden parties have executed this Instrument under several seals this day of , 2024. The name and
Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

P
RINCIPAL: SURETY:

SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )

NOTE: (1) Signatures of those executing for the Surety must be properly

(2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT E

RESTRICTIVE GRANT AGREEMENT
City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 1 of 19 ends

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Vallejo, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 2 of 19 ends

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the Lake Dalwigk Park Improvements project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 3 of 19 ends

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231

$1,191,995.00
$3,575,985.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Project Costs $4,767,980.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Mark Helmbrecht, (707) 645-2601. b. CALTRANS’ Contract Manager is Linda Phoen, (408) 595-4007. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Vallejo
Attention: Mark Helmbrecht, Transportation Program Superintendent Phone Number: (707) 645-2601
Email: [email protected]
Address: 555 Santa Clara St, Vallejo, CA 94590

Jie Chen
05/03/2022
$4,767,980.00
DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 4 of 19 ends

California Department of Transportation
District 4, Maintenance
Attention: Linda Phoen, Acting Senior Transportation Engineer Phone Number: (408) 595-4007
Email: [email protected]
Address: 111 Grand Ave, Oakland, CA 94612

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $4,767,980.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 5 of 19 ends

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.

c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 6 of 19 ends

c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 13.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 7 of 19 ends

j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable pa
yments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpe nded Project funds not invoiced by the 60th day will be reverted and will
no longer be accessible to reimburse late Project invoices. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 8 of 19 ends

c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (
https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 9 of 19 ends

b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 10 of 19 ends

b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 11 of 19 ends

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 12 of 19 ends

f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 13 of 19 ends

1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 14 of 19 ends

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:

i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 15 of 19 ends

RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, pro vided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Gover nment Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 16 of 19 ends

promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 17 of 19 ends

c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030-071
AMS ADV ID: 0422000405

Page 18 of 19 ends

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

DocuSign Envelope ID: CD1F1EE9-2E3C-48AD-9944-2A0EABD92C8C DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D

DocuSign Envelope ID: FC43DE83-7AF3-4D82-AE69-2E4ED452262D City of Vallejo
Agreement Number CCL-5030(071)
AMS ADV ID: 0422000405
Clean California Local Grant Program (State)
Amendment to Grant Application
Amendment Number_ 1_("Amendment")
This Amendment will commence on May 15, 2022, or upon approval by CAL TRANS, whichever occurs later, and it amends the Grant Application submitted by (CITY OF VALLEJO), hereinafter referred to as AGENCY, as set forth below:

Application
Section Original Text Amended Text
Att B, Entirety Replaced Attachment B in its
entirety with version dated 6/1/2022
to provide greater clarity and detail
for lump sum items
In Witness Whereof, the parties hereto have executed this Amendment Number_ 1_ to the Grant Application on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
��/� /{'�'/ / /l /&z,/� A
Printed Name:
_j Gretchen Chavez
Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Date:
3/a:J/,;?3

CITY OF VALLEJO
- -- '"·.
81 (IAj<L-J, /ltolt;tiu,
Printea Name:

Mike Malone
Title:

City Manager
Date: 2/27/2023
Approved as to Form:

G
,�"'"""""
Vurb0ua- U.:F. NJA�
Printed Name:

Veronica A.F. Nebb
Title:

City Attorney
P�lrho23
Attest:
- ..
,;--DocuSigned by:

Vu.wlA, b U�r�SblA,
\ -
Dawn G Abrahamson, Citv Clerk

Page 1 of 33 ends

1. Date: Insert today's date

2. Implementing Agency Name: Insert name of agency that will be implementing the project.

3. Project Title: Enter the title for entire project included in the application.

4. Project Description: Provide brief project description. (Ex.: Conduct bicycle and pedestrian safety education, encouragement and traffic safety enforcement near schools.) 5a. Task Name: Provide name of Task
5b. Task Summary: Provide a brief Task description for the various components to be completed in your project.

Start Date and End Date: Provide a start and end date for each Task Activity. (Month - Year) 6a. Activities: List all activities that will be completed in each Task. 6b. Deliverables: List all of the corresponding deliverables for each activity listed. 7a. Staff Time (Agency): List all agency staff title/position(s) that will work on this task. If more than one Agency, indicate staff & Agency Affiliation in each staff position.
(Example: Party 1 - Program Manager, LA Schools).

Select CCLGP or In-kind: Select the fund source (CCLGP or In-kind) that will pay for each staff position. In-kind refers to local funds, donations, or any other funding source that will not be reimbursed by the CCLGP.

Staff Hours: Provide the total number of estimated hours for each party listed.

Rate Per Hour: Provide the rate per hour of each party listed.

Subtotal Agency Costs: Leave Blank - This is automatically calculated. 7b. Staff Time (Consultant): Consultants do not have to identify the staff positions. For each consultant listed include an identifier to distinguish the work that the consultant will perform.
(Example: Part 2 - Consultant: Bike Safety Training)
Select CCLGP or In-kind: Select the fund source (CCLGP or In-kind) that will pay for each staff position. In-kind refers to local funds, donations, or any other funding source that will not be reimbursed by the CCLGP.

Staff Hours: Provide the total number of estimated hours for each party listed.

Rate Per Hour: If using a Consultant to perform the work, list the estimated Consultant cost/hr. or include an overall cost for that work. (Put "1" in Staff Hours and the "overall cost amount" in Rate Per Hour) Subtotal Consultant Costs: Leave Blank - This is automatically calculated. 7c. Total Staff Costs: Leave Blank - The Total Staff Cost is automatically calculated.

Only fill out this section if asking for indirect costs to be reimbursed through CCLGP.

Agencies should have an approved Indirect Cost Allocation Plan (ICAP) agreement with Caltrans.

Local agencies without an approved ICAP may request the approval of a “provisional ICAP rate” from the Caltrans Audits and Investigations (A&I) unit. Upon receiving an Acceptance Letter from Caltrans A&I, the local agencies will be allowed to invoice for their indirect costs using this “provisional rate” until A&I has completed the review of the local agencies ICAP proposal. 8a.

Approved ICAP: Select the box if the implementing agency has an approved ICAP 8b. Rate: Input the "provisional rate" or the approved rate. 8c. CCLGP Indirect Costs: Input your own calculation of the rate by the cost to get the indirect rate.

9. Task Notes: Provide any additional information that will clarify the work to be conducted under this task.

Describe the who, what, when and where of your project. Attach an additional sheet if needed. 10a. Travel: Total cost of Travel; if applicable
10b. Equipment: Total cost of Equipment(s); if applicable 10c. Supplies/Materials: Total cost of Supplies/Materials; if applicable 10d. Incentives: Total cost of Incentives; if applicable. 10e. Other Direct Costs: Additional other direct costs; if applicable 10f. Provide any additional Other Direct Costs; if applicable 10g. Total Other Costs: Leave Blank - This is automatically calculated from Other Cost information provided.

11. Task Grand Total: Leave Blank - This is automatically calculated from the information provided under this task.

12. CCLGP Grand Total: Leave Blank - This is automatically calculated from the information provided under this task.

The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Task Grand Total
You must click the link provided to direct you to the Itemized Other Costs section.

Note: An itemized cost estimate for each of the following categories, if applicable, must be provided.

For each item select the fund source (CCLGP or In-kind) that will pay for each staff position. In-kind refers to local funds, donations, or any other funding source that will not ask for reimbursement by the CCLGP.

INSTRUCTIONS
Task Notes
Other Costs
Exhibit 25-R: Non-Infrastructure Work Plan Estimates
Tasks are primary elements of a project. Provide a "Task Detail" table for each. (Task A, Task B, Task C, etc.) Staff Costs
Task Details
Activities and Deliverables
List all associated Activities for each task and all corresponding deliverables for each activity.

Do NOT input values in gray cells. Those cells are formula-driven and will automatically update.

Indirect Costs
Please be advised that the CCLGP cannot fund cost increases or overruns. The project sponsor or grant recipient is responsible for any cost increases or overruns. The workplan estimates must be as accurate as possible.

ATP V.11 (04/27/2018)
Last Updated: 6/1/2022

Page 2 of 33 ends

Date: (1)
Implementing Agency Name: (2)
Project Title: (3)
Click the links below
to navigate to
"Task Details" tabs:

Task Total CCLGP $ Total Cost $
Task "A" $6,468 $6,468
Task "B" $55,875 $55,875
Task "C" $2,380 $2,380
Task "D" $1,400 $1,400
Task "E" $72,000 $72,000
Task "F" $2,500 $2,500
Task "G" $0 $0
Task "H" $0 $0
Task "I" $0 $0
Task "J" $0 $0
Total for all Tasks $140,623 $140,623
Ditch Cleaning
Graffiti Removal
Ribbon Cutting Ceremony
Lake Dalwigk Clean-up
Digital Education Program
In-ground Trash Capture Device Maintenance
City of Vallejo
Enter the Task Name from Each
Itemized Task
Task Summary:

Task Name
Non-Infrastructure Cost Proposal Work Plan Estimates
For Department use only
You will not be able to fill in the following items. Items will auto-populate once you've entered all "Task" tabs that apply:

Project Description: (4)
Fill in the following items:

Enter information in each Task Tab, as it applies (Task A, Task B, Task C, Task D, etc.) The City of Vallejo proposes to beautify and improve Lake Dalwigk Park by replacing pathways with ADA compliant pathways, installing lights, a restroom, a shade structure, and waste collection stations, and planting drought-tolerant landscape. There will also be an educational connected to interpretation signs.
31-Jan-22
Lake Dalwigk Park Improvements
ATP V.11 (04/27/2018)

Page 3 of 33 ends

Start Date End Date

1. Jun-22 Jun-22

2. Sep-22 Sep-22

3. Dec-22 Dec-22

4. Mar-23 Mar-23

5. Jun-23 Jun-23

6. Sep-23 Sep-23

7. Dec-23 Dec-23

8. Mar-24 Mar-24

9. Jun-24 Jun-24

10. Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match
Total $ In-kind Match $
Party 1 - 90 $70.00 $6,300
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$6,300 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match
Total $ In-kind Match $
Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$6,300
FALSE
Total $
$0
$0
$168
$0
$0
$0
$168
$6,468
Total Staff Costs (Agency & Consultant) (7c):

Travel (10a):

Equipment (10b):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Subtotals:

TASK GRAND TOTAL (11):

To fill out an itemized cost for each "Other
Cost", use Tab Task A "OC".

Litter abatement
Litter abatement
Litter abatement
Litter abatement
Litter abatement
Deliverables (6b):

Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Litter abatement
Litter abatement
Litter abatement
Dalwigk Perimeter + VME Channel
Cleaning Litter abatement
Task Activities (6a):

Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Dalwigk Perimeter + VME Channel
Cleaning
Staff Costs (7):

Staff Time (Agency) (7a):

Vallejo Flood and Wastewater District
TASK "A" DETAIL ESTIMATE
Task Name (5a): Lake Dalwigk Clean-up
Clean-up event around Lake Dalwigk perimeter and VME channel.Task Summary (5b):

Subtotal Consultant Costs:

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Other Costs (10):

If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Subtotal Agency Costs:

Indirect Costs (8)
Approved ICAP/ ICRP
(8a)?
Staff Time (Consultant/Subcontractor) (7b):

ATP V.11 (04.27.2018)

Page 4 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. consumables (trash bags, nitrile gloves) 10 $16.80 $168

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. $168 $0 $0
$168
Task "A" Other Costs:

Subtotals:

Total Equipment Costs:

Total Travel Costs:

Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Itemized Supplies/Materials Cost (10c)
Type of Equipment
Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

ATP V.11 (04.27.2018)

Page 5 of 33 ends

Task "A" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. Pickup truck In-kind 2 $180

2. Dump fee In-kind 2 $75

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0Total Additional Itemized Other Direct Costs:

Incentives (10d)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Subtotals:

Total Other Direct Costs:

Subtotals:

Type of Other Direct Costs
Type of Other Direct Costs
Subtotals:

Total Itemized Incentives Costs:

Type of Other Direct Costs
Other Direct Costs (10f)
Itemized Other Direct Costs (10e)
Itemized Incentives Cost (10d)
If applicable, Additional Itemized Other Direct Costs (10f) Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task ATP V.11 (04.27.2018)

Page 6 of 33 ends

Start Date End Date

1. Jun-22 Jun-23

2. Jun-22 Jun-23

3. Jun-22 Jun-22

4. 5.

6. 7.

8. 9.

10. Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match
Total $ In-kind Match $
Party 1 - 40 $46.88 $1,875
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$1,875 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match
Total $ In-kind Match $
Party 1 - 100 $170.00 $17,000
Party 2 - 100 $170.00 $17,000
Party 3 - 100 $170.00 $17,000
$51,000 $0
$52,875
FALSE
Total $
$0
$0
$3,000
$0
$0
$0
$3,000
$55,875
Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

To fill out an itemized cost for each "Other
Cost", use Tab Task B "OC".

Travel (10a):

Equipment (10b):

TASK GRAND TOTAL (11):

Staff Costs (7):

Signage installation Install signage with QR codes to online content Total Staff Costs (Agency & Consultant) (7c):

Subtotals:

Approved ICAP/ ICRP
(8a)?
Subtotal Consultant Costs:

Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Staff Time (Consultant/Subcontractor) (7b):

Environmental Specialist
Native American Representative
Digital Media/GIS
Subtotal Agency Costs:

Signage creation Create signage with QR codes to online content Task Summary (5b):

Task Name (5a):

TASK "B" DETAIL ESTIMATE
Digital Education Program
A digital education program will be implemented by connecting the public to the Park's historical, cultural, and environmental history. Durable signs will be displayed around the park with QR codes that lead participants through a digital storytelling journey.

Task Activities (6a): Deliverables (6b):

Create digital content Accessible educational walking tour program Staff Time (Agency) (7a):

Solano Resource Conservation District
ATP V.11 (04.27.2018)

Page 7 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. Interpretive signs 5 $600 $3,000

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. $3,000 $0 $0
$3,000
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Task "B" Other Costs:

Itemized Travel Cost (10a)
Type of Travel
Itemized Equipment Cost (10b)
Please provide an itemized "equipment" cost estimate for all equipment cost applicable to each task Equipment (10b)
Please provide an itemized "travel" cost estimate for all travel costs applicable to each task Travel (10a)
Itemized Supplies/Materials Cost (10c)
Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
ATP V.11 (04.27.2018)

Page 8 of 33 ends

Task "B" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Subtotals:

Total Itemized Incentives Costs:

If applicable, Additional Itemized Other Direct Costs (10f) Please provide an itemized "other" cost estimate for all other costs applicable to each task Incentives (10d)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Type of Other Direct Costs
Other Direct Costs (10f)
Subtotals:

Total Other Direct Costs:

Type of Other Direct Costs
ATP V.11 (04.27.2018)

Page 9 of 33 ends

Start Date End Date

1. Jun-22 Jun-22

2. Dec-22 Dec-22

3. Jun-23 Jun-23

4. Dec-23 Dec-23

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 - 34 $70.00 $2,380
Party 2 -
Party 3 -
$2,380 $0 $0
$2,380
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$2,380
Staff Costs (7):

Subtotal Agency Costs:

Subtotal Consultant Costs:

New Image - Cleanup Contractor
Staff Time (Agency) (7a):

Trash capture device emptying
and reinstallation Lake Dalwigk Litter Abatement
Trash capture device emptying
and reinstallation Lake Dalwigk Litter Abatement
Trash capture device emptying
and reinstallation Lake Dalwigk Litter Abatement
Trash capture device emptying
and reinstallation Lake Dalwigk Litter Abatement
TASK "C" DETAIL ESTIMATE
In-ground Trash Capture Device Maintenance
In-ground trash capture device maintenance.

Task Activities (6a): Deliverables (6b):

Task Summary (5b):

Task Name (5a):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

To fill out an itemized cost for each "Other
Cost", use Tab Task C "OC".

Travel (10a):

Equipment (10b):

Subtotals:

TASK GRAND TOTAL (11):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Total Staff Costs (Agency & Consultant) (7c):

Staff Time (Consultant/Subcontractor) (7b):

Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Approved ICAP/ ICRP
(8a)?
ATP V.11 (04.27.2018)

Page 10 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Task "C" Other Costs:

Itemized Travel Cost (10a)
Please provide an itemized "travel" cost estimate for all travel costs applicable to each task Travel (10a)
Type of Travel
Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Itemized Equipment Cost (10b)
Please provide an itemized "equipment" cost estimate for all equipment cost applicable to each task Equipment (10b)
Itemized Supplies/Materials Cost (10c)
ATP V.11 (04.27.2018)

Page 11 of 33 ends

Task "C" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
If applicable, Additional Itemized Other Direct Costs (10f) Please provide an itemized "other" cost estimate for all other costs applicable to each task Subtotals:

Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
Itemized Incentives Cost (10d)
Total Itemized Incentives Costs:

Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Type of Other Direct Costs
Other Direct Costs (10f)
ATP V.11 (04.27.2018)

Page 12 of 33 ends

Start Date End Date

1. Jun-22 Jun-22

2. Jun-22 Jun-22

3. Dec-23 Dec-23

4. Dec-23 Dec-23

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 - 20 $70.00 $1,400
Party 2 -
Party 3 -
$1,400 $0 $0
$1,400
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$1,400
Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

To fill out an itemized cost for each "Other
Cost", use Tab Task D "OC".

Travel (10a):

Equipment (10b):

Subtotals:

TASK GRAND TOTAL (11):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Lemon St, Ditch cleaning (South) Lake Dalwigk Park Litter Abatement Lemon St, Ditch cleaning (North) Lake Dalwigk Park Litter Abatement Lemon St, Ditch cleaning (South) Lake Dalwigk Park Litter Abatement TASK "D" DETAIL ESTIMATE
Ditch Cleaning
Clean-up ditch on Lemon St. North and South of 6th street Task Activities (6a): Deliverables (6b):

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Lemon St, Ditch cleaning (North) Lake Dalwigk Park Litter Abatement Task Name (5a):

Task Summary (5b):

Staff Costs (7):

Staff Time (Agency) (7a):

Vallejo Flood and Wastewater District
New Image - Contractor
Subtotal Consultant Costs:

Staff Time (Consultant/Subcontractor) (7b):

Subtotal Agency Costs:

ATP V.11 (04.27.2018)

Page 13 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
SubTotals:

Total Travel Costs:

Type of Equipment
SubTotals:

Total Equipment Costs:

Type of Supplies/Materials
SubTotals:

Total Supplies/Materials Costs:

Task "D" Other Costs:

Itemized Travel Cost (10a)
Please provide an itemized "travel" cost estimate for all travel costs applicable to each task Travel (10a)
Type of Travel
Itemized Equipment Cost (10b)
Please provide an itemized "equipment" cost estimate for all equipment cost applicable to each task Itemized Supplies/Materials Cost (10c)
Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Equipment (10b)
ATP V.11 (04.27.2018)

Page 14 of 33 ends

Task "D" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ InKind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
SubTotals:

Total Other Direct Costs:

Type of Other Direct Costs
SubTotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
If applicable, Additional Itemized Other Direct Costs (10f) Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10f)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
SubTotals:

Total Itemized Incentives Costs:

ATP V.11 (04.27.2018)

Page 15 of 33 ends

Start Date End Date

1. Jun-22 Jun-24

2. 3.

4. 5.

6. 7.

8. 9.

10. Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 - 1,000 $70.00 $70,000
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$70,000 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$70,000
FALSE
Total $
$0
$0
$2,000
$0
$0
$0
$2,000
$72,000TASK GRAND TOTAL (11):

Indirect Costs (8)
Total Staff Costs (Agency & Consultant) (7c):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

To fill out an itemized cost for each "Other
Cost", use Tab Task E "OC".

Travel (10a):

Equipment (10b):

Staff Costs (7):

Subtotal Agency Costs:

Subtotal Consultant Costs:

Approved ICAP/ ICRP
(8a)?
Subtotals:

If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

TASK "E" DETAIL ESTIMATE
Graffiti Removal
Graffiti Removal
Task Activities (6a): Deliverables (6b):

Task Name (5a):

Task Summary (5b):

Staff Time (Consultant/Subcontractor) (7b):

Supplies/Materials (10c):

Graffiti removal
Staff Time (Agency) (7a):

Greater Vallejo Recreation District
Graffiti Removal
ATP V.11 (04.27.2018)

Page 16 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. Cleaning solution and anti-grafitti coatings ATP 40 $50 $2,000

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. $2,000 $0 $0
$2,000
Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Task "E" Other Costs:

Itemized Travel Cost (10a)
Please provide an itemized "travel" cost estimate for all travel costs applicable to each task Travel (10a)
Itemized Equipment Cost (10b)
Please provide an itemized "equipment" cost estimate for all equipment cost applicable to each task Itemized Supplies/Materials Cost (10c)
Type of Travel
Equipment (10b)
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

ATP V.11 (04.27.2018)

Page 17 of 33 ends

Task "E" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Total Itemized Incentives Costs:

Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

If applicable, Additional Itemized Other Direct Costs (10f) Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10f)
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
ATP V.11 (04.27.2018)

Page 18 of 33 ends

Start Date End Date

1. May-24 May-24

2. Jun-24 Jun-24

3. 4.

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 - $1,500
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$1,500 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$1,500
FALSE
Total $
$0
$0
$1,000
$0
$0
$0
$1,000
$2,500
Staff Costs (7):

Subtotal Agency Costs:

Subtotal Consultant Costs:

Subtotals:

TASK GRAND TOTAL (11):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Other Costs (10):

Content Creation Event Preparation
Event Ribbon Cutting Ceremony
TASK "F" DETAIL ESTIMATE
Ribbon Cutting Ceremony
The City will invite local elected officials, community members, service groups, and media outlets to the ceremony. The agenda will include brief speeches from City Staff and Elected officials before photos a self-guided tour of the area, and a joint volunteer event. Light refreshments will be provided. Public Engagement materials will be posted on the City website, social media accounts, through participating agency and volunteer group social media sites and newsletters, and at the Park.

Task Activities (6a): Deliverables (6b):

Task Name (5a):

Task Summary (5b):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

To fill out an itemized cost for each "Other
Cost", use Tab Task F "OC".

Travel (10a):

Equipment (10b):

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Task Notes (9):

Staff Time (Consultant/Subcontractor) (7b):

Staff Time (Agency) (7a):

City of Vallejo
ATP V.11 (04.27.2018)

Page 19 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. Refreshments 1 $1,000 $1,000

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. $1,000 $0 $0
$1,000
Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Task "F" Other Costs:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

ATP V.11 (04.27.2018)

Page 20 of 33 ends

Task "F" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Total Itemized Incentives Costs:

Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Page 21 of 33 ends

Start Date End Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$0
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$0
Other Direct Costs (10e):

Additional Other Direct Costs (10f):

Staff Costs (7):

Subtotal Agency Costs:

Subtotal Consultant Costs:

Subtotals:

TASK GRAND TOTAL (11):

To fill out an itemized cost for each "Other
Cost", use Tab Task G "OC".

Travel (10a):

Equipment (10b):

Supplies/Materials (10c):

Incentives (10d):

Task Notes (9):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Staff Time (Consultant/Subcontractor) (7b):

Task Name (5a):

Task Summary (5b):

TASK "G" DETAIL ESTIMATE
Task Activities (6a): Deliverables (6b):

Staff Time (Agency) (7a):

ATP V.11 (04.27.2018)

Page 22 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Task "G" Other Costs:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

ATP V.11 (04.27.2018)

Page 23 of 33 ends

Task "G" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Additional Itemized Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Total Itemized Incentives Costs:

Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Page 24 of 33 ends

Start Date End Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$0
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$0
Staff Time (Consultant/Subcontractor) (7b):

Other Direct Costs (10e):

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Task Notes (9):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Staff Costs (7):

Subtotal Agency Costs:

Subtotal Consultant Costs:

Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

TASK "H" DETAIL ESTIMATE
Task Activities (6a): Deliverables (6b):

Task Name (5a):

Task Summary (5b):

Staff Time (Agency) (7a):

Subtotals:

TASK GRAND TOTAL (11):

To fill out an itemized cost for each "Other
Cost", use Tab Task H "OC".

Travel (10a):

Equipment (10b):

Supplies/Materials (10c):

Incentives (10d):

Additional Other Direct Costs (10f):

ATP V.11 (04.27.2018)

Page 25 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Please provide an itemized "equipment" cost estimate for all equipment cost applicable to each task Itemized Supplies/Materials Cost (10c)
Please provide an itemized "supplies/materials" cost estimate for all supplies/materials cost applicable to each task Supplies/Materials (10c)
Equipment (10b)
Task "H" Other Costs:

Itemized Travel Cost (10a)
Please provide an itemized "travel" cost estimate for all travel costs applicable to each task Travel (10a)
Itemized Equipment Cost (10b)
Type of Travel
ATP V.11 (04.27.2018)

Page 26 of 33 ends

Task "H" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Type of Other Direct Costs
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
Subtotals:

Total Itemized Incentives Costs:

ATP V.11 (04.27.2018)

Page 27 of 33 ends

Start Date End Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$0
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Agency Costs:

Subtotal Consultant Costs:

Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Task Notes (9):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Task Activities (6a): Deliverables (6b):

TASK "I" DETAIL ESTIMATE
Task Name (5a):

Task Summary (5b):

Staff Time (Consultant/Subcontractor) (7b):

Staff Costs (7):

Staff Time (Agency) (7a):

To fill out an itemized cost for each "Other
Cost", use Tab Task I "OC".

Travel (10a):

Equipment (10b):

Subtotals:

TASK GRAND TOTAL (11):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

ATP V.11 (04.27.2018)

Page 28 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Page 29 of 33 ends

Task "I" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Type of Other Direct Costs
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
Subtotals:

Total Itemized Incentives Costs:

ATP V.11 (04.27.2018)

Page 30 of 33 ends

Start Date End Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
Party 4 -
Party 5 -
Party 6 -
$0 $0 $0
Staff
Hours
Rate
Per Hour CCLGP Total $ Local Cash Match $ In-kind Match $ Party 1 -
Party 2 -
Party 3 -
$0 $0 $0
$0
FALSE
Total $
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Agency Costs:

Subtotal Consultant Costs:

Indirect Costs (8)
If Approved ICAP/ ICRP box is
checked, provide Rate (8b):

Total Staff Costs (Agency & Consultant) (7c):

Approved ICAP/ ICRP
(8a)?
Task Notes (9):

Other Costs (10):

You will not be able to fill in the following items. The totals for each "Other Costs" category listed below will automatically calculate from information entered in the itemized other costs section:

Task Activities (6a): Deliverables (6b):

TASK "J" DETAIL ESTIMATE
Task Name (5a):

Task Summary (5b):

Staff Time (Consultant/Subcontractor) (7b):

Staff Costs (7):

Staff Time (Agency) (7a):

To fill out an itemized cost for each "Other
Cost", use Tab Task J "OC".

Travel (10a):

Equipment (10b):

Subtotals:

TASK GRAND TOTAL (11):

Supplies/Materials (10c):

Incentives (10d):

Other Direct Costs (10e):

Additional Other Direct Costs (10f):

ATP V.11 (04.27.2018)

Page 31 of 33 ends

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Subtotals:

Total Travel Costs:

Type of Equipment
Subtotals:

Total Equipment Costs:

Type of Supplies/Materials
Subtotals:

Total Supplies/Materials Costs:

Page 32 of 33 ends

Task "J" Other Costs:

Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Quantity Units Cost $ CCLGP Total $ Local Cash
Match $ In-kind $

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
$0 $0 $0
$0
Type of Other Direct Costs
Subtotals:

Total Other Direct Costs:

Type of Other Direct Costs
Subtotals:

Type of Other Direct Costs
Itemized Other Direct Costs (10e)
Please provide an itemized "other" cost estimate for all other costs applicable to each task Other Direct Costs (10e)
Itemized Incentives Cost (10d)
Please provide an itemized "incentives" cost estimate for all incentives costs applicable to each task Incentives (10d)
Subtotals:

Total Itemized Incentives Costs:

ATP V.11 (04.27.2018)

Page 33 of 33 ends

Attachment 4 – Plans and Specifications Project Documents

Due to the large size of these project documents please follow the links below to access and download the project plans and specifications:

1. Lake Dalwigk Improvement Project Plans

2. Lake Dalwigk Improvement Project Specifications
ATTACHMENT 2

LAKE DALWIGK PARK IMPROVEMENTS PROJECT, PROJECT NO. PW9443

BID SUMMARY
CONTRACTOR BASE BID ALT. BID
NO. 1
ALT. BID
NO. 2
ALT. BID
NO. 3
ALT. BID
NO. 4
ALT. BID
NO. 5
ALT. BID
NO. 6
ALT. BID
NO. 7
ALT. BID
NO. 8
ALT. BID
NO. 9
GRADETECH INC. 3,152,353.61 782,000.00 172,500.00 80,500.00 34,500.00 20,971.80 30,536.20 5,905.61 11,500.00 97,750.00 SABOO INC. 5,473,394.60 1,550,000.00 1,050,000.00 300,000.00 357,000.00 50,000.00 149,840.00 5,280.90 12,600.00 300,000.00 KEREX
ENGINEERING 3,712,804.00 1,000,000.00 500,000.00 250,000.00 60,000.00 40,000.00 68,050.00 12,500.00 14,000.00 250,000.00 Attachment 3
Lake Dalwigk Location Map

ACTION ITEM 3.B.

DATE: April 1, 2024
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A PROJECT LABOR AGREEMENT WITH THE

NAPA-SOLANO TRADES COUNCIL AND ITS AFFILIATED UNIONS AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a Project Labor Agreement with the Napa Solano Building and Construction Trades Council and its affiliated local Unions and authorizing the City Manager to execute same..

REASONS FOR RECOMMENDATION
Adoption of the agreement in partnership with the Napa-Solano Trades Labor Council is intended to facilitate the delivery of projects with minimal labor-related disruptions which would adversely impact the public and/ or delay the project, and facilitate job and workforce development opportunities for local hires and apprenticeships in the trades.

BACKGROUND AND DISCUSSION
A project labor agreement (PLA) is a pre-hire collective bargaining agreement between one or more labor organizations, negotiated between the local Building Trades and Construction Council and the owner of a project(s). The PLA establishes the terms and conditions of employment on the project work. The purpose of a PLA is to promote the efficiency of construction operations for the City of Vallejo through the use of skilled labor resulting in quality construction outcomes, and to provide for the orderly settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of Covered Projects. Generally, the terms of the PLA apply to all contractors and subcontractors who are awarded contracts on the project and supplement or supersede any existing collective bargaining agreements.

This proposed PLA includes provisions that prohibit workers from engaging in strikes, work stoppages, and slowdowns for the duration of the term of the agreement. In exchange for the commitment not to engage in such activities, and requires that contractors hire workers who are referred from union hiring halls.

Furthermore, contractors must pay the workers a prevailing wage, contribute to union trust funds, and abide by certain dispute and grievance resolution procedures. Additional benefits of this type of pre-hire agreement include expanded apprenticeship opportunities for the trades and local hire provisions to encourage workforce development.

After receiving a presentation from the Napa-Solano Buildings and Trades Council (NSBCTC) in August 2022, the City Council directed staff to develop a "Citywide Project Labor Agreement". The parties met in a collaborative weekly process throughout most of 2023 with an eye toward moving the Citywide PLA forward. After evaluation of other regional PLAs and extensive discussions with NSBCTC, a 5-year draft agreement was developed that should benefit both the City and the NSBCTC. At the conclusion of the 5-Year term, staff would evaluate the data set associated with the PLA projects completed during the 5-year period to help determine whether the City should continue the PLA beyond the initial 5-year term. It is important to note

Date: April 1, 2024
Subject: ADOPT A RESOLUTION APPROVING A PROJECT LABOR AGREEMENT WITH THE

NAPA-SOLANO TRADES COUNCIL AND ITS AFFILIATED UNIONS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

that most of the City's capital projects over the threshold can be characterized as 'large capital' or 'heavy civil'.

Under the proposed terms of this Agreement, the PLA applies to future City capital projects exceeding $750,000 in project costs. This dollar amount is roughly 7 times the minium required formal bid requirement per Vallejo Municipal Code, and would include large construction projects that would involve multiple trades and provide maximize job creation and workforce development benefits. At present, the City’s Capital Improvement Plan (CIP) currently includes 25 to 50 projects in the long range that could be covered by this PLA during its five-year term, although the number could be higher or lower depending on state or federally funded project restrictions, increasing construction costs, project scope changes, and/or the creation of new projects. The PLA would be implemented for other citywide capital projects with estimated construction contract values greater than $750,000 at the time of the bid advertisement, if the project is advertised after the effective date of the PLA.

The PLA includes provisions to exclude certain types of projects and work, regardless of the project valuation threshold, such as the following examples (not inclusive):
• Work performed by the City’s own employees as permitted by the Public Contract Code; • The off-site maintenance of leased equipment and on-site supervision of such work; • Emergency Projects as defined by the Public Contract Code or other state law, or the Vallejo Municipal Code, where the work is exempted from the obligation to solicit bids; • Work related to the creation of any Artwork by an individual Artist as part of the City’s Public Art Program;
• Work performed by public or private utilities; and
• Work funded by any federal, state, local or other public agency that prohibits the use of project labor agreements.

Finally, this PLA includes local hire and workforce development provisions to facilitate employment of City of Vallejo residents and to develop increased numbers of local skilled construction workers to meet the requirements of the regional construction economy. It is the objective of the PLA that not less than thirty percent (30%) of the combined journey-level and apprentice hours worked on the PLA projects be completed by residents of the Local Area, in the following priority areas:
• Priority 1: Residents of the City of Vallejo.
• Priority 2: Residents of Solano County outside the City of Vallejo. • Priority 3: Residents of the Counties of Napa, Contra Costa, Alameda, Marin, Sonoma, San Mateo, and San Francisco.
• Priority 4: All other areas.

FISCAL IMPACT
The Recommended Action will have no impact on the FY 23/ 24 Budget. Future projects subject to the terms of the PLA would be approved and funded by the City Council via separate action though the annual adoption of the City's Capital Improvement Plan or approval of other construction projects.

ENVIRONMENTAL REVIEW
Date: April 1, 2024
Subject: ADOPT A RESOLUTION APPROVING A PROJECT LABOR AGREEMENT WITH THE

NAPA-SOLANO TRADES COUNCIL AND ITS AFFILIATED UNIONS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Resolution of City Council Approving PLA CAO STAMP

2. 2024_City_of_Vallejo_PLA (FINAL)

CONTACT
Terrance Davis, Assistant City Manager (707-648-4301)
[email protected]

RESOLUTION NO. 2024-___ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A

PROJECT LABOR AGREEMENT WITH THE NAPA SOLANO BUILDING AND

CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATED LOCAL UNIONS WHEREAS, a project labor agreement (PLA) is a pre-hire collective bargaining agreement between one or more labor organizations (often negotiated by the local Building Trades and Construction Council) and the owner of a project, which establishes the terms and conditions of employment on the project work; and
WHEREAS, the purpose of a PLA is to facilitate the delivery of the project with minimal labor- related disruptions which would adversely impact the public and/or delay the project; and WHEREAS, the terms of the PLA apply to all contractors and subcontractors who are awarded contracts on the project and supplement or supersede any existing collective bargaining agreements; and
WHEREAS, the PLA includes provisions that prohibit workers from engaging in strikes, work stoppages, and slowdowns for the duration of the term of the agreement and in exchange for the commitment not to engage in such activities, the PLA requires that contractors hire workers who are referred from union hiring halls; and
WHEREAS, the PLA requires contractors pay the workers prevailing wage, contribute to union trust funds, and abide by certain dispute and grievance resolution procedures; and WHEREAS, the PLA applies to future City capital projects exceeding the threshold is set at $750,000; and
WHEREAS, the PLA has an initial five-year term, with the ability with the ability to renew for additional years upon mutual agreement by both parties; and WHEREAS, the PLA ensures future projects will not be subject to strikes, sympathy strikes, work stoppages, picketing, hand-billing or otherwise advising the public that a labor dispute exists, slowdowns, refusal to work, walk-off, sit down, stand-in, wobble, boycott of any kind, for any reason, by the Unions or employees employed on a project, at the job site of a Project or any other facility of City because of a dispute on a Project; nor will there be lockouts by the contractor or employer on a project.

WHEREAS, the Unions covered by the PLA are recognized as the sole bargaining representative of all craft employees performing covered work, and all such employees must be represented by a Union for the duration of their employment on a project; and WHEREAS, the PLA agrees to prioritize employment of Local Area residents (with City of Vallejo, then Solano County being priority) and to use resources in the Local Area in construction of the Project; and
WHEREAS, the PLA agrees to provide the City of Vallejo with quarterly reports to monitor the progress of local workforce development efforts; and
WHEREAS, the projects will employ apprentices from a California state-approved Joint Apprenticeship Training Program, with the goal of helping to develop workers in the construction industry; and
WHEREAS, labor disputes, grievances, or actions relating to discipline will be resolved through procedures established with the affiliated Unions; any grievances not settled between the parties would be subject to arbitration for resolution; and
NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the Vallejo hereby approves the Project Labor Agreement with the Napa Solano Building and Construction Trades Council and its affiliated local Unions attached hereto as Exhibit A and incorporated by reference; and

2. The City Manager is authorized to execute and implement the PLA agreement in its entirety.

Adopted by the City Council of the City of Vallejo at a regular meeting held on April 1, 2024 with the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:
_________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Project Labor Agreement
for the City of Vallejo
1 PROJECT LABOR AGREEMENT

FOR THE CITY OF VALLEJO

INTRODUCTION/FINDINGS
This Project Labor Agreement is entered into this ____ day of _______________, 20__ by and between the City of Vallejo (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum 1) (referred to herein as “Contractor(s)/Employer(s)”), and the Napa-Solano Building and Construction Trades Council (referred to herein as the “Trades Council”) and the local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).

The purpose of this Agreement is to promote the efficiency of construction operations for the City of Vallejo through the use of skilled labor resulting in quality construction outcomes, and to provide for the orderly settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of Covered Projects as defined in Section 1.10 below.

WHEREAS, the timely and successful completion of Covered Projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills are required in the performance of construction work on Covered Projects who will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on Covered Projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers are best served if the construction work proceeds in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on Covered Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
Project Labor Agreement
for the City of Vallejo
2 WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Covered Projects if Union and non-union workers of different employers were to work side by side on the Covered Projects, potentially leading to labor disputes that could delay completion of the Covered Projects; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of this Agreement, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail. It is understood that Contractor(s)/Employer(s) are bound and shall remain bound, for the duration of this Agreement, by the terms of this Agreement and the applicable local and national collective bargaining agreements for the craft work performed, established between the signatory Unions and Contractors/Employers, in effect and covering the area of these Covered Projects; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on Covered Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code, the Charter of the City of Vallejo, the Vallejo Municipal Code, and all state, local and federal laws; and
WHEREAS, The City has adopted this Agreement which will provide construction employment and training opportunities in ways calculated to mitigate the harms caused by poverty, unemployment, and underemployment; and
WHEREAS, this Agreement reflects a commitment by all parties to the diversity in the workforce on Covered Projects to the extent allowed by law, to reflect levels of minority, women and other worker utilization at levels which are representative of the relevant workforce of these groups in the Vallejo area as determined by the U.S. Census Bureau; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of all Covered Projects;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS

1.1 “Agreement” means this Project Labor Agreement.

1.2 “Agreement to be Bound” means the agreement (attached hereto as Addendum 1) Project Labor Agreement
for the City of Vallejo
3 that shall be executed by each and every Contractor/Employer as a condition of working on Covered Projects.

1.3 “Apprentice” means any worker who is indentured in a bona fide joint Labor/Management construction apprenticeship program, registered and approved by the State of California Department of Industrial Relations (DIR) Division of Apprenticeship Standards (DAS), and in the case of Covered Projects with Federal funding, consistent with the requirements of the US Department of Labor (DOL).

1.4 “Apprentice Program” means any joint Labor/Management Construction apprenticeship program certified and approved by the California DAS, and in the case of Covered Projects with Federal funding, consistent with the requirements of the US DOL.

1.5 “City” means the City of Vallejo and its city council, officers, agents, attorneys and employees, including managerial personnel.

1.6 “Completion” means that point at which there is Final Acceptance by the City of a Covered Project and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

1.7 “Construction Contract” means all contracts under which construction is done which are necessary to complete the Covered Project(s).

1.8 “Contractor(s)/Employer(s)” means any individual, firm, partnership, or corporation (including the prime contractor, general contractor, subcontractor of any tier, or combination thereof, including joint ventures, and their successors and assigns), that is a business enterprise and which is properly licensed for the work intended, and has entered into a Construction Contract for a Covered Project under this Agreement, with respect to the construction of any part of a Covered Project within this Agreement.

1.9 “Core Worker” means a verifiable member of the Contractor(s)/Employer(s) core workforce whose name appears on the Contractor(s)/Employer(s) active payroll for 60 of 100 working days immediately prior to the award of the Construction Contract; who has worked at least four-thousand (4,000) hours in the construction craft in which they are employed, during the prior four (4) years; who resides in Priority 1-3 as set forth in Section 9.1; and who meets all standards required by applicable local, state or federal law or regulation.

1.10 “Covered Project” means City capital improvement projects where either the engineer’s estimate of the total cost of the project or the actual cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) for the Project, exceeds seven hundred and fifty thousand dollars ($750,000). All Construction Contracts required to complete a Covered Project shall be considered in determining whether this Project Labor Agreement
for the City of Vallejo
4 threshold is met. The City and the Trades Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. Covered Projects and Construction Contracts will not be split, divided or otherwise separated for the purpose of avoiding application of this Agreement. The term “Covered Project” applies to each and all projects as defined in this section, whether used in the singular or plural.

1.11 “Employment Hiring Plan” or (“EHP”-) means a Contractor/Employer’s detailed hiring plan.

1.12 “Local Resident” means an individual who resides within the City Limits of the City of Vallejo.

1.13 “Master Agreement” means the Master Collective Bargaining Agreement negotiated and executed from time to time by each craft Union signatory hereto.

1.14 “Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on any Covered Project and the implementation of this Agreement.

1.15 “Trades Council” means the Napa-Solano Building and Construction Trades Council.

1.16 “Union” or “Unions” means the Napa-Solano Building and Construction Trades Council and the Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies to and is limited to the City and all Contractors/Employers performing work pursuant to Construction Contracts on a Covered Project and their successors and assigns, the Trades Council, and the Unions signatory to this Agreement.

2.2 Applicability: This Agreement shall apply to all Construction Contracts awarded on a Covered Project. Construction Contracts shall be considered Completed as set forth in Section 1.6, except when the City directs a Contractor to engage in repairs, construction warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract. The City has the absolute right to combine, consolidate or cancel contracts or portions of contracts identified as part of the Covered Project. However, should the City remove any contract, subcontract, or work from a Covered Project and thereafter authorize such work to be commenced after a new competitive bidding process, such work shall be performed under the terms of this Agreement unless said contract, subcontract, or work is awarded under a new contract and is less than seven hundred fifty thousand dollars ($750,000).

Project Labor Agreement
for the City of Vallejo
5 2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for a Covered Project that is within the craft jurisdiction of one of the Unions and that is part of a Covered Project, including, without limitation the following examples: geotechnical and exploratory drilling, soils and materials testing and inspection , temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve a Covered Project), pumps, pump stations, start-up, modular furniture installation (as covered by California Prevailing Wage Determinations) included as part of the Covered Project, and final clean-up.

Covered Work includes work done for a Covered Project in temporary yards, dedicated sites, or areas adjacent to a Covered Project, and at any on-site or off-site batch plant constructed to supply materials to a Covered Project. Covered Work does not include excluded work as set forth in Section 2.4 below or any work performed pre-bid for a Covered Project.

2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Covered Project performed after Completion, unless performed by City employees or is exempt pursuant to Section 2.4. For the avoidance of doubt, this Agreement applies to post- Completion work on a Covered Project only if such work is performed pursuant to the original Construction Contract for the Covered Project. Notwithstanding the foregoing, if a Project involves the start-up, commissioning or performance testing of highly specialized or proprietary equipment and/or systems, such work may be performed by personnel of the company providing such equipment and/or systems.

2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for a Covered Project in any temporary yard or area established for a Covered Project) This Agreement also covers any off-site work, including fabrication (unless excluded otherwise in this Agreement), that is traditionally performed by the Unions and is part of a Covered Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s). For the avoidance of doubt, the provisions of this Agreement shall only apply to work within the scope of a Covered Project

2.3.3The City is not limited or restricted on the choice of materials or the full use and installation of equipment, machinery, package units, factory pre-cast, prefabricated or preassembled materials, tools, or other labor-saving devices, except as set forth in Section 2.3.2.

Otherwise, the City has the right to purchase material and equipment from any source, and craft persons covered by this Agreement will handle and install such material and equipment unless the manufacturer requires that it or its specialized contractor handle or install such material and equipment, as provided in Section 2.4.10.

2.3.4 This Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing Project Labor Agreement
for the City of Vallejo
6 construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

2.3.5 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.

2.3.6 The City shall not be responsible for interpretation or application of any of the National Agreements in Section 2.3.5 nor shall the City be liable to any party for the breach of any such agreement.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement.

2.4.1 Work performed by the City’s own employees as permitted by the Public Contract Code.

2.4.2 Work performed by Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman (unless covered by a Prevailing Wage determination).

2.4.3 The off-site maintenance of leased equipment and on-site supervision of such work.

2.4.4 Work performed on or near or leading to the site of a Covered Project that is undertaken by state, county, city, or other governmental bodies or their contractors.

2.4.5 This Agreement shall not apply to Emergency Projects as defined by the Public Contract Code or other state law, or the Vallejo Municipal Code, where the work is exempted from the obligation to solicit bids.

2.4.6 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors.

2.4.7 Work related to the creation of any Artwork by an individual Artist as part of the City’s Public Art Program, or other work related to public art. For purposes of this Agreement, “Artwork” is a unique, one-of-a-kind decorative element to be incorporated into the building or site, the design, illustration, and detailing of which can only be fully completed in the field and can only be performed by the individual Artist. An “Artist” is an individual that is engaged by the City to create and install Artwork. This Agreement does not apply to final adjustments, finishing touches, and final painting of any Artwork performed by the Artist.

2.4.8 Contracts entered into before the effective date of this Agreement.

Project Labor Agreement
for the City of Vallejo
7 2.4.9 Contracts that are outside the scope of this Agreement.

2.4.10 Work performed by manufacturers or manufacturers’ representatives of specialty process equipment or systems where the work must be performed by such persons as expressly stated in the manufacturer’s or vendor’s written warranty or guarantee as a condition of the warranty or guarantee, provided the manufacturer or the manufacturer’s representative possesses any license required for the performance of the work. In the case of a warranty exemption, the Contractor/Employer shall provide copies of the written warranty requirement to the affected Union and the City prior to the commencement of work by the manufacturer or vendor.

2.4.11 In the event the City intends to award a contract without a competitive bidding process pursuant to the sole source exemption contained in Vallejo Municipal Code Sections 3.20.90(a)(2) and 3.20.150, the City may request that the Trades Council meet and confer regarding the applicability of this Agreement or any accommodations necessary under this Agreement.

2.4.12 Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the service provider point of termination shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the service provider point of termination shall be Covered Work. Additionally, all contracted work performed ahead of the service provider point of termination that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.13 In the event the City intends to procure modular buildings or structures, the City may request that the Trades Council meet and confer regarding the applicability of Section 2.3.2 or any other accommodations necessary under this Agreement.

2.4.14 Maintenance work performed pursuant to a multi-year maintenance contract, unless the average annual value of the multi-year maintenance contract exceeds the Covered Project threshold identified in Section 1.10.

2.4.15 This Agreement shall not apply to work funded by any federal, state, local or other public agency that prohibits the use of project labor agreements on projects receiving its funding, or the funding of projects on which such agreements are used. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement of the City and the Trades Council, the parties will modify the requirements of this Agreement accordingly, to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible.

2.4.16 Work performed under any takeover agreement with a surety company that has guaranteed performance pursuant to a performance bond for a public works contract.

2.5 Award of Contracts: The City holds the right to select any qualified bidder for the award of Construction Contracts for Covered Projects under this Agreement. The bidder shall be responsive, responsible, willing, ready and able to execute and comply with this Agreement as it Project Labor Agreement
for the City of Vallejo
8 applies to a Covered Project. This Agreement shall be included in all invitations to bid or solicitations for proposals from Contractors or subcontractors for work on Covered Projects. A copy of all invitations to bid for Covered Projects shall be provided to the Trades Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Trades Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of work under a Construction Contract for a Covered Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum 1.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Covered Project.

3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement.

Notwithstanding the foregoing, any shared liability provided by law or a Master Agreement shall apply. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement and the applicable Master Agreements shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreement, the provision of this Agreement shall prevail. Where a provision of a Master Agreement does not conflict with this Agreement, the provision of the Master Agreement shall apply.

Project Labor Agreement
for the City of Vallejo
9 3.7 Notwithstanding any other provision of this Article or this Agreement, the City shall not be liable for any violation or breach and is not a party to any Master Agreement.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of a Covered Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling, slowdown, withholding of work, refusal to work, sick-out, walk-off, sitdown, stand- in, wobble, boycott, disruption or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on a Covered Project, at the job site of a Covered Project or any other facility of City because of a dispute on a Covered Project and shall not sanction, aid, abet or encourage same, and will affirmatively take all reasonable and lawful measures necessary to effectively induce their respective members to cross any and all picket lines. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on a Covered Project.

4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is executed. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, provided the new Master Agreement does not conflict with this Agreement, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Covered Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.

4.1.4 In the case of nonpayment of wages or trust fund contributions on a Covered Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business days’ notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers or their subcontractor’s workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

Project Labor Agreement
for the City of Vallejo
10 4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Trades Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Trades Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 Upon receipt of notice that a party is invoking this procedure, the parties shall meet and confer to select an arbitrator. If the parties cannot mutually agree on the selection of an arbitrator, the parties shall each provide a list of three arbitrators. The parties shall select the arbitrator using the alternate striking method. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Trades Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of notice that an arbitrator has been selected, the City will contact the selected arbitrator and attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed as soon as reasonably possible. An intentional failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

Project Labor Agreement
for the City of Vallejo
11 4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties to the extent such rights are legally waivable.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

ARTICLE V

CRAFT ASSIGNMENT PRE-JOB CONFERENCES

5.1 Timing: The General Contractor for a Covered Project and the Trades Council shall convene and conduct, at a location and time mutually agreeable to the Trades Council and the City, a craft assignment pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least fourteen (14) calendar days prior to:
(a) The commencement of any Covered Project work, and
(b) The commencement of Covered Project work on any subsequently awarded Construction Contract.

5.2 The craft assignment pre-job conference shall be attended by a representative of each participating Contractor and each affected Union; the Trades Council and City representatives may attend at their discretion.

5.3 The craft assignment pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
(e) The estimated start and completion dates of the work; and Project Labor Agreement
for the City of Vallejo
12 (f) Discussion of pre-fabricated materials.

5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Trades Council shall establish a Joint Administrative Committee comprised of up to four representatives with an equal number of representatives from the City and the Trades Council. The Joint Administrative Committee shall meet on a periodic basis during the term of construction, at least semi-annually, to assess the implementation of this Agreement, review the progress of any Covered Projects, and facilitate harmonious relations between the parties. Both the City and the Trades Council shall have the right to call a meeting of the Joint Administrative Committee.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on Covered Projects.

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on Covered Projects.

7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to a Covered Project whenever work covered by this Agreement is being, has been, or will be performed on that Covered Project.

7.4 Core Workers: A Contractor may request by name, and the Union shall honor, referral of Core Workers who have applied to the Union for Covered Project work and who demonstrate to the Union dispatcher and provide satisfactory proof (with a copy of such proof provided to the Project Manager) that the worker meets all the following qualifications:

1. Appearance on the Contractor/Employer’s active payroll for at least the last sixty (60) out of the one hundred (100) working days Project Labor Agreement
for the City of Vallejo
13 prior to award of a Construction Contract;

2. Possession of all licenses and certifications required by applicable state and federal law for the Covered Project work;

3. Has worked at least four thousand (4,000) hours in the appropriate construction craft during the past two years; and

4. Is a resident of the City of Vallejo or the Counties of Napa, Contra Costa, Alameda, Marin, Solano, Sonoma, San Mateo, and San Francisco.

7.4.1 The following procedure shall apply for dispatch of Core Workers: the first one (1) worker will be referred from the applicable Union hiring hall out-of-work list, then one (1) Core Worker shall be selected and referred from the hiring hall, followed by one (1) worker from the hiring hall out-of-work list, and this process shall repeat until such Contractor/Employer’s requirements are met or until such Contractor/Employer has hired three (3) such Core Workers for that trade or craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall out-of-work list. In the event the Contractor/Employer reduces the workforce, such reduction will take place in the reverse order of assignment and in the same ratios as was applied in hiring.

7.4.2 Contractor/Employer(s) signatory to a Local, Regional, and/or National collective bargaining agreement with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s).

Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law.

7.4.3 The Contractor/Employer shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker’s qualification as a Core Worker upon request by the City. Prior to each Contractor performing any Covered Project work, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Trades Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract.

7.5 Contractor(s)/Employer(s) performing construction work on a Covered Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

Project Labor Agreement
for the City of Vallejo
14 7.6 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

7.7 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on a Covered Project.

ARTICLE VIII

WAGES AND BENEFITS

8.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Covered Project, in the amounts designated in the applicable Master Agreement(s). The Master Agreements require such benefit contributions to be made on an hourly basis to such health benefit Trust Funds, each of which is separately administered by a Taft-Hartley Board of Trustees comprised of half labor and half management representatives and is administered via a Trust Agreement.

8.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Covered Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

8.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

Project Labor Agreement
for the City of Vallejo
15 ARTICLE IX

LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT

9.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of City of Vallejo residents and to develop increased numbers of local skilled construction workers to meet the requirements of the regional construction economy. For purposes of this Article, the “Local Area” is defined as the City of Vallejo. It is the objective of the parties that not less than thirty percent (30%) of the combined journey-level and apprentice hours worked on the Project will be worked by residents of the Local Area. The Unions agree that residents of the Local Area shall be first referred for Project Work, including journey-level workers and apprentices covered by this Agreement. While the objective is to utilize as many workers from the Local Area as possible, the parties recognize that it may not always be possible. So, the parties agree that recruitment of workers shall be in the following priority:

Priority 1: Residents of the City of Vallejo.

Priority 2: Residents of Solano County outside of the City of Vallejo.

Priority 3: Residents of the Counties of Napa, Contra Costa, Alameda, Marin, Sonoma, San Mateo, and San Francisco.

Priority 4: All other areas.

The Contractors shall provide monthly reports to the parties. The workforce reports shall include information regarding the number of: (i) journey-level workers broken down by Priority number; (ii) Apprentices broken down by Priority number. The Contractors and the Unions agree to furnish all information required to prepare these reports. The reports shall be made available to the Unions by the Contractors within ten (10) days of receiving a request.

9.2 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

9.3 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

9.4 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised. The Unions will exert their best effort to recruit and identify residents in the Local Area and assist individuals in qualifying and becoming eligible for such apprenticeship programs.

9.5 When Local Residents are requested by the Contractor/Employers, the Unions will grant priority referral to such workers. In the event that a Contractor/Employer, having not achieved its targeted hiring participation levels, requests a Local Resident from the Union hiring facility, and is referred a worker who is not a Local Resident the Contractor/Employer is under no obligation to hire the referred worker for the C o v e r e d Project work and shall notify Project Labor Agreement
for the City of Vallejo
16 the Union hiring facility and the Jobs Coordinator and shall request another referral of another Local Resident. The Contractor/Employer shall not be required to hire that worker unless there is no Local Resident available for hire.

9.6 The Contractor/Employers agree to maintain copies of all written dispatch requests for the Project submitted or received including transmission verification reports that are date/time imprinted. All written dispatch requests and transmission verification reports shall be available for inspection and copies provided, upon request by the City representative.

9.7 Workforce Development: The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the City's local work force, and the opportunities to provide continuing work for C o v e r e d Projects covered by this Agreement. To these ends, the Parties shall facilitate, encourage, and assist Local Residents to commence and progress in Labor/Management apprenticeship programs in the construction industry leading to participation in such apprenticeship programs.

9.7.1 The City and the Trades Council shall continue to work cooperatively with the pre-apprenticeship programs established to serve the Vallejo community, namely the pre-apprenticeship course at Vallejo High School, the North Bay Trades Introduction Program, and the adult education courses operating at Vallejo Adult School and Benicia Adult School.

9.7.2 The City and Trades Council shall also work cooperatively with the Solano County Workforce Development Board, the Construction Trades Workforce Initiative, other non-profit entities and organizations, and the Unions, to identify, establish and maintain effective programs and procedures for Local Residents interested in entering the construction industry and which will help prepare them for the formal joint Labor/Management apprenticeship programs.

9.7.3 The Trades Council shall also conduct outreach activities, including, but not limited to, career fairs, classroom visits, and tours for high school students of apprenticeship programs, to identify Local Residents interested in entering the construction industry and facilitate their entry into a local pre-apprenticeship program or a joint Labor/Management apprenticeship program.

9.8 The Unions shall collect and compile a list of all apprentices, and their residency information, who have worked on Covered Projects and submit an apprenticeship report to the City on a quarterly basis.
\
Project Labor Agreement
for the City of Vallejo
17 ARTICLE X

HELMETS TO HARDHATS

10.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the organization known as the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

10.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on Covered Projects and of apprenticeship and employment opportunities for Covered Projects. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XI

COMPLIANCE

11.1 It shall be the responsibility of the Contractors/Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement.

Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on a Covered Project.

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

12.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

12.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on a Covered Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on a Covered Project shall be disciplined or discharged without just cause.

12.3 No grievance shall be recognized unless the grieving party (Union or Trades Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more Project Labor Agreement
for the City of Vallejo
18 than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

12.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or Trades Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Trades Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall utilize the procedure for selecting an arbitrator designated in Article IV and notify the selected arbitrator for final and binding arbitration. The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

12.5 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

12.6 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

Project Labor Agreement
for the City of Vallejo
19 ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

13.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

13.2 All jurisdictional disputes on Covered Projects between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions that are parties to this Agreement.

13.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

13.5 The Trades Council and the General Contractor for a Covered Project will conduct a craft assignment pre-job conference with each Employer prior to commencing work.

The City will be advised in advance of all such conferences and may participate if they wish.

Craft assignment pre-job conferences for different Employers may be held together.

ARTICLE XIV

MANAGEMENT RIGHTS

14.1 Consistent with any Master Agreement, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. For the avoidance of doubt, this provision shall not apply to the City.

ARTICLE XV

SAFETY AND DRUG AND ALCOHOL POLICY
Project Labor Agreement
for the City of Vallejo
20 15.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Master Agreement.

15.2 It shall be the responsibility of each Contractor/Employer to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City, the state and the Contractor/Employer. It is understood that the employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor/Employer and the City.

15.3 The safety, security and visitor rules established by the Contractor/Employer and the City shall be reasonable, uniformly applicable, and posted in conspicuous places throughout the work site. An employee's failure to adhere to such rules may subject him or her to discipline, including discharge. Any discipline or discharge shall be subject to the procedures in the applicable Master Agreement. Notwithstanding the immediately preceding sentence, the City can ban anyone it so chooses from its property.

15.4 The Parties acknowledge that the City and the Contractor/Employer have a policy, which prohibits the use, sale, transfer, purchase and/or possession of an illegal controlled substance, alcohol and/or firearms while on the City's premises. Additionally, the City has a "drug free" work place policy, which prohibits those working on the City's premises from being impaired by alcohol or any controlled substances in their system. Any discipline or discharge shall be subject to the procedures in the applicable Master Agreement. Nothing herein shall prevent the City from enforcing its policy and requiring the removal from the job site of any impaired employee.

ARTICLE XVI

SAVINGS CLAUSE

16.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

16.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

16.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in Project Labor Agreement
for the City of Vallejo
21 order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVII
TERM

17.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Covered Project solicitations during the term of this Agreement, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Covered Project.

17.2 This Agreement shall apply until the Completion of each Covered Project in accordance with Sections 1.6 and 2.2.

17.3 This Agreement shall become effective upon approval by the City Council and final execution by the City and the Trades Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Trades Council shall meet to discuss proposed changes, if any, to the Agreement. No less than six months before the five-year anniversary of this Agreement, either party may request from the other party that the Agreement be extended with or without revisions. The parties may mutually agree in writing to an extension or amendment of this Agreement.

17.4 Any Covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Covered Project, notwithstanding the expiration date of this Agreement.

ARTICLE XVIII

MISCELLANEOUS PROVISIONS

18.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

18.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

18.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

18.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the Project Labor Agreement
for the City of Vallejo
22 terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

18.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

18.6 In the event of any dispute, jurisdiction shall be in the Superior Courts of the State of California with venue in Solano County.
[SIGNATURES TO FOLLOW]
Project Labor Agreement
for the City of Vallejo
23 CITY OF VALLEJO
Michael Malone, City Manager
Date: ___________________
Approved as to Form

Veronica A.F. Nebb, City Attorney
Date: __________________

NAPA-SOLANO BUILDING AND

CONSTRUCTION TRADES COUNCIL
Danny Bernardini, Secretary-Treasurer
Date:

Project Labor Agreement
for the City of Vallejo
24 [UNION SIGNATURES]
Project Labor Agreement
for the City of Vallejo
25 Addendum 1

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Vallejo Project Labor Agreement
Agreement to be Bound
Dear ________________:

The undersigned confirms that it agrees to be a party to and bound by the City of Vallejo Project Labor Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section

8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the City of Vallejo Project Labor Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 156657\1448596

Vallejo City CouncilApril 1, 2024

Vallejo City Council
April 1, 2024